Civil Procedure Class Notes
We’re
leaving Erie, but we’re staying
in the choice of law area for one more day.
There
was a stream of e-mail questions about the scholar’s tests.
Wright
said that Erie is really
hard. Yeazell says that it isn’t that
hard.
It
all starts with Erie, then it
gets broadened by York, limited and
“balanced” a bit by Byrd,
and then the FRCP are defended with Hanna.
Issacharoff says that Hanna should
control. His rubric is a visualization of
Hanna.
Chemerinsky is the other guy, and that’s how you spell his name.
The
four cases above establish the “Erie”
doctrine, and the other cases we looked at were applications of the doctrine.
Choice
of law
This
is really an entire course. You’re not
going to get even much of a flavor of it in one day.
All
courts, state and federal, must make choice of law decisions.
What’s
goin’ on? Gries and Modell were
shareholders in the Cleveland Browns.
They made an agreement in 1965 that they amended in 1971. Gries was trying to
elect two directors based on the 1965 agreement, but Modell
argued that the 1971 agreement totally replaced the 1965 agreement. This is a fight over who is going to control
the board.
Modell was the majority shareholder, and Gries was a
minority shareholder. The specifics aren’t
terribly important. Fairman isn’t sure
where we’d learn such details. It’s a big
shareholder dispute.
What’s
the choice of law issue? Why do we even
have a choice of law issue here? The
corporation is incorporated under
In
this specific type of contract, why does it matter which state’s law
applies? If
The
battle is basically over whether this lawsuit shall be allowed to go forward or
not.
Nobody
cares about choice of law unless there’s a difference in the laws of the
various possible jurisdictions.
The
lawsuit is filed in
At
the court of appeals, the trial court ruling is reversed and they say that
Even
though choice of law issues are preliminary, you only
get to deal with them on appeal.
Modell appeals to the Ohio Supreme Court, which agrees with the trial court
that
Why
use a “place of performance” rule? It’s
an easy, black letter rule. Most contracts
have a place of performance. If you can
identify what that it, you can identify which state’s rules apply. What other advantages would there be? If a contract is being performed somewhere,
it makes sense that the law of that place applies.
The
Restatement (2d) of Conflict of Laws says that the rule given only applies in the
absence of an effective choice of law provision in the contract in question.
The
new test is the most significant relationship test. It’s a factor test!
Those
factors include:
·
The place of contracting
·
The place of negotiation of the contract
·
The place of performance
·
The location of the subject matter of the contract
·
The domicile, etc., of the parties
The
contract was made in
Note
that part of the purpose of the Restatements is to eliminate black line rules
and allow more discretion by considering and weighing multiple factors.
Now,
it’s time to look at another case that came out the same day! What does that tell us? The Ohio Supreme Court is trying to resolve
two of the biggest choice of law issues at once: choice of law in contracts,
and choice of law in torts. The court
says that from here on out, we’re adopting different standards, namely, the
Restatement standards.
What’s happening? Morgan is a
Morgan
is down an arm, and he’s going to sue somebody.
He’s suing Biro. He initially
chooses to sue in
What
is it about
What
was the law in
There
was an old rule called lex loci delicti,
which means you apply the substantive law of the place where the injury
occurred. Why would a jurisdiction want
to use a rule like this? It’s an easy
and uniform test.
The
court rejects the lex loci delicti
rule, and instead adopts a rule from the Restatement. Basically, the Restatement uses elements of lex loci delicti, but also
creates the most significant relationship test. The factors to be considered are:
·
Place of injury
·
Place of bad conduct
·
The domicile, etc., of the parties
·
Location of the relationship between the parties
The
place of injury is
It
seems that this is a tie, but not all of these factors are weighed the
same. For example, the place of injury
is important.
The
court lists numerous contacts between the plaintiff and the state of
The
dissent says that public policy demands that
Hypothetical
Holly
(from
The
place of injury is
State
courts in the